Fair Housing

1
Fair Housing

• Section 504
• Dept. of Housing
• Urban Development

2
Fair Housing Laws

• Title VI of the Civil Rights Act of 1964
• Fair Housing Act of 1968 and as Amended in 1988
• Section 504 of the Rehabilitation Act of 1973
• Americans with Disabilities Act of 1990

3
Section 504 of the Rehabilitation Act of 1973

• Found at 24 CFR Part 8
• Prohibits Discrimination on the basis of
  disability in programs and activities receiving
  Federal Financial assistance from HUD

4
FAIR HOUSING

• Fair Housing Its Not an Option
• ITS THE LAW

5
Fair Housing Act

• What housing is Covered?
• What are the protected classes?
• What does that mean?

6
Protected Classes

• Race Disability
• Color Source of Income
• Religion
• National Origin
• Sex (Gender)
• Familial Status

7
Fair Housing Cases

• 10,000 Cases filed Nationwide last year
• 40 Accessibility
• 40 Race
• Utah 65 Cases Closed 2009
• 6 Cause Cases, 26 No Cause, 30 Settled
• 3 closed Administratively
• Utah Accessibility Familial Status

8
Familial Status

• Persons under the age of 18 living with
• A parent or legal custodian
• The designee of a parent or custodian with
  written permission
• Pregnant Women
• Persons in the process of securing legal custody

9
NO NATIONAL OCCUPANCY POLICY
10
Familial StatusOCCUPANCY STANDARDS

• adopt reasonable occupancy standards
• to limit the number of persons who can reside
  in a unit

11
Familial Status OCCUPANCY STANDARDS

• adopt occupancy standards
• (1) to exclude families with children
• (2) unreasonably limit the ability of families
  with children to obtain housing

12
TWO PERSONS/BEDROOM Special Circumstances

• Size of bedrooms and unit
• Age of children
• Configuration of unit
• Other physical limitations
• of housing
• 5. State and local law

13
Familial Status

• Rules and Regulations limiting or pertaining to
  children only
• 1. Curfews
• 2. Play area restrictions
• 3. Dwelling units restrictions on where can
  live not on 3rd floor, limited buildings

14
Definition of a Person with Disability

• Any person who has a physical or mental
  impairment that substantially limits one or more
  major life activity, has a record of such an
  impairment, or regarded as having such impairment
• Doesnt include - Current drug use and alcohol
  abuse or
• Direct threat to health and safety

15
Persons with Disabilities

• Major Life Activities
• Seeing Hearing
• Walking Breathing
• Learning Speaking
• Performing Manual Taking Care of Tasks ones
  self

16
Discrimination Prohibited

• No qualified person with a Disability shall,
  solely on the basis of disability be excluded
  from participation in, be denied the benefits of,
  or otherwise be subjected to discrimination under
  any program or activity that receives Federal
  Financial assistance

17
Reasonable Accommodations

• A reasonable accommodation is a change,
  exception, or adjustment to a rule, policy,
  practice or service that may be necessary for a
  person with a disability to have an equal
  opportunity to use and enjoy a dwelling,
  including public and common use spaces

18
Reasonable Accommodations

• For an accommodation to be reasonable there must
  be an identifiable relationship or nexus between
  the requested accommodation and the individuals
  disability
• The requested accommodation must remedy the
  disabled individual's inability to use and enjoy
  the dwelling

19
What is Reasonable?

• The requested accommodation must be reasonable
• Does not impose an undue financial and
  administrative burden on housing provider
• Does not fundamentally alter the nature of the
  housing providers operation
• The determination is made on a case by case
  basis

20
Requesting an Accommodation

• A reasonable accommodation must be requested
• Request can be made at any time, by person with
  disability, family member or by someone else who
  is acting on their behalf
• Request does not have to be in writing it can be
  orally or by any other effective method
• Housing provider should place request in writing
  and document outcome and maintain records

21
Verifying Reasonable Accommodations

• May request documentation of the need only to
  extent necessary to verify disability and if
  accommodation is needed
• May not acquire confidential medical records or
  inquire into the nature or severity of persons
  disability
• Verification of disability and need for
  accommodation can be from Medical provider
  Licensed Health provider Professional
  representing social service agency Disability
  agency or clinic or other provider that can
  verify the disability

22
Pet Assistance Animal Policy

• Assistance Animals are not Pets
• Assistance Animals includes service animals and
  emotional support/therapy and comfort animals
• If a No pet policy include statement that
  this policy does not apply to Assistance animals

23
Assistance Animals Continued

• If Pet policy - need to include does not apply
  to assistance animals
• Can not charge a pet deposit or a fee
• Can require licensing and inoculations
• Reasonable health and safety concerns.
• Can require owner to clean-up after animal, and
  require that the animals are not a threat or a
  nuisance

24
Reasonable Modifications

• What are reasonable modifications?
• What types of modifications are being installed?
• How are you receiving reasonable modification
  requests? Management and Maintenance?
• How are they being recorded?

25
Reasonable Accommodations

• Difference between Fair Housing Act and Section
  504 Tenant pays for reasonable modifications
  under the Fair Housing Act and Housing provider
  pays under Section 504
• Multi-family projects fall under Section 504

26
Unlawful Practices

• Refuse to make reasonable accommodations for
  persons with disabilities
• Refuse to permit reasonable modifications for
  persons with disabilities
• Fail to design and construct accessible /
  adaptable housing which is ready for first
  occupancy after March 13, 1991
• Failure to provide 5 fully accessible (UFAS
  Compliant) and 2 hearing and/or vision impaired
  units

27
Fair Housing Guideline for Accessible Buildings

• Accessible entrances on accessible routes of
  travel
• Accessible public and common use areas
• Usable Doors
• Accessible routes within the dwelling unit
• Switches, outlets, and environmental controls
• Reinforced walls
• Usable kitchens and bathrooms

28
Distribution of accessible units

• Distributed throughout the project and sites and
  available in a range of sizes and amenities
• Elevator not required for access
• Recipients shall administer programs and
  activities receiving federal financial assistance
  in the most integrated setting appropriate to the
  needs of persons with disabilities

29
Occupancy of accessible units

• Vacant accessible units
• First, must offer to an occupant with a
  disability that is currently in an non-accessible
  unit
• Second, to a person with a disability that is on
  the waiting list

30
Occupancy of accessible units

• If the accessible unit is occupied by a person
  without a disability, the tenant can be required
  to agree to move to a non-accessible unit if the
  accessible unit is needed by a person with a
  disability
• Agreement may be incorporated into the lease

31
Transfer Policy

• Ensure tenants are informed of policy
• Especially inform tenants that if they are in a
  non-accessible unit they can request a transfer
  to an accessible unit
• If have a transfer fee ensure not charging
  persons with disabilities to transfer from an
  inaccessible unit to an accessible unit

32
What Housing is Covered?

• Four Units or more under the Fair Housing Act
• Five Units or more under Section 504
• If owner uses a Broker, Real Estate Agent or
  Property Management Company

33
Who is Not Covered?

• For Sale By Owner
• Single family homes sold or rented by owner who
  does not have interest in more than 3 single
  family homes at one time
• If owner not using a Broker, Real Estate Agent or
  Property Management Company

34
Who is Not Covered?

• Mrs. Murphy
• Dwellings with No more than 4 units if the owner
  resides in one of the dwelling units
• Housing for Older Persons 62 or Older and 55
  and Older-Familial Status Only
• Everyone is subject to Prohibitions Against
  Discriminatory Advertising

35
Unlawful Activity

• Failure to Rent or Sell
• Steering
• Discriminatory Terms and Conditions
• Discriminatory Advertising
• Falsely Denying Housing is Available

36
Application Intake Waiting Lists

• Application Process without discrimination
• Applications should list correct race and
  ethnicity categories and ask if a person is
  disabled and if they need an accommodation
• Accessible Offices Materials
• Provide reasonable accommodation information with
  application packets and at recertification
• Waiting lists date and time stamped. Be able to
  provide information regarding race/ethnicity and
  disability requirements and need for accessible
  unit

37
Essential Terms of Tenancy

• Meeting the terms of the Lease
• 1. Pay the rent on time
• 2. Maintain the unit
• 3. Obey the rules

38
Tenant Selection Assignment

• Tenant Selection Plan Eligibility Screening
  Criteria
• Ensure eligibility requirements and Screening
  Criteria are not discriminatory

39
Prohibited Screening Criteria

• Avoid criteria that could be discriminatory
• Medical Evaluation or Treatment information
• Inquiries about Disability status
• Requirements by housing provider of capacity for
  Independent Living

40
Denials

• Denial letters include reason for rejection and
  right to request an appeal or hearing
• Applicants with disabilities have the right to
  request reasonable accommodations to participate
  in a hearing
• Mitigating circumstances to allow applicant to
  meet terms of tenancy or overcome negative
  screening

41
Evictions

• Eviction policy needs to be clear
• Apply process consistently
• Address any mitigating circumstances to the
  eviction including reasonable accommodations
  for a person with a disability

42
Recordkeeping

• Maintain records and reports of efforts to meet
  the requirements of all Civil Rights Requirements
• This includes following a consistent policy for
  maintenance requests
• Keep records on file so they are available if a
  complaint is filed or a compliance review is
  conducted.
• Document, Document, Document!

43

• Additional Requirements
• Under
• Section 504

44
Section 504 Coordinator

• A recipient that employs fifteen or more persons
  is required to designate at least one person to
  coordinate its efforts to comply with Section 504
• Ensure staff members know who the Section 504
  Coordinator is, their duties and responsibilities
• Identify the Section 504 Coordinator with contact
  information in all notifications, fact sheets,
  literature, brochures, housing applications,
  grievance procedure and on websites

45
Grievance Procedure

• A recipient that employs fifteen or more persons
  is required to adopt grievance procedures that
  incorporates appropriate due process standards,
  and that provides for the prompt and equitable
  resolution of complaints alleging any action
  prohibited by Section 504
• Provide an Appeal process
• Identify Section 504 Coordinator by name and with
  all contact information

46
Section 504 Notice

• A recipient that employs fifteen or more persons
  is required to take appropriate steps to notify
  participants, beneficiaries and applicants,
  including those with impaired vision or hearing
  that it does not discriminate on the basis of
  disability
• The notification must state that the recipient
  does not discriminate in admission or access to,
  or treatment in its federally assisted programs
  and activities

47
Section 504 Notice

• If a recipient publishes or uses recruitment
  materials or publications containing general
  information that it makes available to
  participants, beneficiaries, applicants or
  employees, it shall include in those materials or
  publications a statement of the nondiscrimination
  policy
• A recipient may meet this requirement by either
  including appropriate inserts in existing
  materials or by revising and printing the
  materials and publications

48
Section 504 Notice

• The notification shall also include an
  identification of the recipients Section 504
  Coordinator
• Methods of continuing notification may include
  the posting of notices, publication in newspapers
  and magazines, placement of notices in
  recipients publications, and distribution of
  memoranda or other written communications

49
Effective Communication

• Communication with applicants, beneficiaries, and
  members of the public
• Recipient furnishes appropriate auxiliary aids
  provide a person with a disability an equal
  opportunity to participate in and enjoy the
  benefits of the program or activity

50
Definition of Auxiliary Aids

• Services or devices that enable persons with
  impaired sensory, manual or speaking skills to
  have an equal opportunity to participate in, and
  enjoy the benefits of, programs or activities
  receiving Federal Financial assistance

51
Auxiliary Aids

• When auxiliary aids are required to ensure
  effective communication the recipient shall give
  primary consideration to the request of the
  individual with disabilities

52
Auxiliary Aids Cont.

• Qualified sign language interpreters
• Assistive listening devices
• Qualified Readers
• Taped text
• Braille materials
• Large print

53
Effective Communication Cont

• Not required to provide individual prescribed
  devices
• TDD systems or use of State Relay Systems
• Recipient shall adopt and implement procedures to
  ensure that interested persons (including persons
  with impaired vision and hearing) can obtain
  information

54
Fair Housing Complaints

• Can become expensive and can easily be avoided
• Watch intent and effect of your words and
  actions
• Fair Housing complaint doesnt need to prove that
  you intended to discriminate
• If it can be proved your behavior had a
  discriminatory effect, you have violated the law

55
Examples

• Someone asks what the neighbors are like?
• Are there many families here?
• Someone asks about an apartment and you dont
  think they will fit in because they are elderly
  and there are a lot families at the complex and
  you tell them about a complex down the street for
  seniors

56
Practical Tips

• Avoid referring to potential or current residents
  by protected characteristics
• Avoid Steering residents need to choose and be
  offered all choices every time.
• Be consistent in the way you speak and act toward
  all residents.

57
Practical Tips Cont.

• Dont criticize someone because you cant see the
  disability
• Be careful for allergies when using chemicals in
  apartments
• Be careful what you say anywhere on the complex
  especially in stairwells and on radios

58
Quiz

• Under Federal fair housing laws, is it legal to
  prohibit any of the following in a housing unit?
• a. Smoking
• b. A live-in aide
• c. Children on the 3rd floor
• d. None of the above

59
Quiz Cont.

• Under the federal fair housing laws, the seven
  protected classes are
• a. Race, color, source of income, disability,
  national origin, marital status religion
• b. Race, color, religion, sex, disability,
  familial status, national origin
• c. Race, sexual orientation, sex, familial
  status, disability, age, national origin
• d. None of the above

60
Quiz Cont.

• The fair housing laws prohibit all of the
  following except
• Refusal to show, sell or rent a property because
  of disability
• Expressing a preference for young adults in a
  listing comment
• Evicting a current user of illegal drugs
• Marketing your listings exclusively in a
  religious publication

61
Quiz Cont.

• Based on federal fair housing law, which of the
  following people would be protected?
• a. A divorced female, single parent
• b. A 35-year old single, Jewish man
• c. A 50-year old white man
• d. All of the above

62
Section 504 Quiz

1. Under Section 504 is it okay to charge an
   individual with disabilities for the cost of an
   interpreter? Allow the person with a disability
   to use a child to interpret?
2. Does a pregnant women meet the definition of a
   person with a disability?
3. If a person has been a drug addict can they meet
   the definition of a person with a disability and
   be covered by Section 504?

63
Section 504 Quiz

1. If the housing provider does not have an
   accessible unit can the housing provider deny
   individuals with disabilities from applying?
2. If the Resident Advisory Board meets in a
   building that is not accessible, since it is
   historic, can the housing provider deny persons
   with disabilities membership on the Board?

64
504 Quiz

• 6. Is it okay if a housing provider locates all
  the accessible units in one building and on the
  bottom floor? What about just building one
  bedroom accessible units, even though complex has
  two and three bedroom units?
• 7. If a person with a vision impairment requests
  a copy of the lease and house rules in Braille,
  and the housing provider does not have the
  documents in Braille Can the housing provider
  charge the tenant for acquiring the Braille
  documents?

65
504 Quiz

1. Can you require a tenant to make a transfer
   request in writing only?
2. Is it okay to skip over a person on the waiting
   list that is not disabled to place a person who
   is disabled in an accessible unit?

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Questions?

• For more information contact
• Michele Hutchins, Equal Opportunity Specialist
• Office of Fair Housing Equal Opportunity
• Utah State HUD Office
• 125 S. State Street, Room 3001
• Salt Lake City, UT 84138
• [phone]-Direct line
• [phone]-TDD line
• 1-800-877-7353 Denver Toll Free
• email michele.hutchins_at_hud.gov